I need a lawyer's advice - traffic ticket

az_max

1
Apr 22, 2005
7,463
2
curtis said:
Traffic Law 101:

1) If a guy with a uniform, gun, and badge turns on the lights and pulls you over, he owns you. If he said you broke the law, regardless of whether he is right, you broke the law.

2) In the event of (1) above, act like you are guilty and say you are sorry. Don't be a smartass. At worst this will get you shot so you got off easy with an $1100 ticket.

I've been told several time by different people that, from a cop's perspective, you are always guilty. It's not their job to decide if your guilty or innocent. That's the courts job. To a cop, if you break or appear to break the law, you are guilty.
 

antichrist

Well-known member
Sep 7, 2004
8,208
0
68
Atlanta, GA
Ron said:
"residential limits are 25mph. You can't do 50 and then argue in court there was no speed limit sign. Well, you could, but you'd be an idiot."

Actually any jurisdiction is required to sign any speed limit under 55 and there are requirements as to the frequency and placement of the signs.

And yes, no sign=you can drive 55 with some exceptions.
I guess you interpret the law diffrently than I do.
From the 2007 GA drivers manual (ok, I was off by 5mph).
 

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D90DC

Well-known member
Nov 4, 2004
1,793
0
63
New Hampshire
p m said:
This is not an implied law - it is clearly stated in both CVC and driver's handbook.
Now, while I never take HOV lanes while driving alone, I don't care if other people do, as long as they don't make it a last-microsecond decision to sprint from standstill into 70 mph traffic.
Besides that, I think any ticket should be fought on principle. Unfortunately, I came to a conclusion that the U.S. cops are just as useless as those in Russia or in Mexico. Maybe less corrupt - that is, fill their counties' pockets rather than their own.

Three weeks back, we were driving from Bay Area to San Diego - there was a really bad accident on 152 (Pacheco Pass, a.k.a. Bloody Alley). We were among the first who pulled over to give (or get) some help - besides obvious medical issues to deal with, there was an issue of three lanes of traffic that needed to be stopped or rerouted, for the safety of victims and rescuers, and for paramedics to arrive.
The CHP was the dead last to the scene, 55 minutes after the accident happened (and 911 was called immediately, less than a minute after). The place is within 15 minutes of leisurely drive from Gilroy and Los Banos. I bet the CHP were busy cutting out speeding tickets elsewhere in I5. And, when they arrived, one of them went straight on harrassing the details of the accident out of the only guy from that vehicle (with a broken leg and fractured back, on a verge of passing out from pain) - who wasn't even the driver.
What morons...

Nothings as bad as the Baja Policia... I had a few times when my name was Benjiman Franklin
 

p m

Administrator
Staff member
Apr 19, 2004
15,651
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La Jolla, CA
www.3rj.org
Dee,

Once, while I've been sitting near a wreck of a van (not my driving) in a ditch near a major highway in Russia, one cop wanted to write me a ticket "for injuring a live tree."
And you know what frequently happens to unfortunate folks in San Diego who fish out of their pockets something besides the wallet with their driver's license (haircomb, for instance).
I have not met a police officer in any country who would offer any help or protection (real, not racket).
 

D90DC

Well-known member
Nov 4, 2004
1,793
0
63
New Hampshire
LOL the chuckle head ones we have around all pretend there a New England version of Wyatt Earp... But in reality there not much better than Barney Fife... What do you expect for a 30K year job....

FWIW when i parked my 90 side ways on I15 the CHIP was really cool about the situation and was there in less than a min.
 
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jcs2179

Well-known member
Jan 23, 2006
665
0
Illinois
here Bad, this is what you need...


#15 "Relax, the handcuffs are tight because they're new. They'll stretch after you wear them a while."

# 14 "If you take your hands off the car, I'll make your birth certificate a worthless document."

#13 "If you run, you'll only go to jail tired."

#12 "Can you run faster than 1,200 feet per second? Because that's the speed of the bullet that'll be chasing you."

#11 "You don't know how fast you were going? I guess that means I can write anything I want to on the ticket, huh?"

#10 "Yes, sir, you can talk to the shift supervisor, but I don't think it will help. Oh, did I mention that I'm the shift supervisor?"

#9 "Warning! You want a warning? OK, I 'm warning you not to do that again or I'll give you another ticket."

#8 "The answer to this last question will determine whether you are drunk or not. Was Mickey Mouse a cat or a dog?"

#7 "Fair? You want me to be fair? Listen, fair is a place where you go to ride on rides, eat cotton candy and corn dogs, and step in monkey poop."

#6 "Yeah, we have a quota. Two more tickets and my wife gets a toaster oven."

#5 "In God we trust, all others we run through NCIC."

#4 "How big were those 'Just two beers' you say you had?"

#3 "No sir, we don't have quotas anymore. We used to, but now we're allowed to write as many tickets as we can."

#2 "I'm glad to hear that Chief (of Police) Hawker is a personal friend of yours. So you know someone who can post your bail."

The envelope please...

AND THE WINNER IS....

#1 "You didn't think we give pretty women tickets? You're right, we don't. Sign here."

:rofl: :rofl: :rofl:
 
B

Badfysh

Guest
i cant wait to go to court on this one. the law is clearly stated and i have been unable to find ANYWHERE that says the hov lane is 24 hours.

additionaly, the guy who said "idiot", or "moron" or whatever, you are the moron because you are posting in a thread where it was only asked for a lawyers advice on how to present the evidence, not what evidence or some opinion on what the rule is in georgia. did you just get off the short bus?

i also never said anything about nmy behyavior to cops. when i get pulled over, i EXPECT to get a ticket because, in MOST cases, yes i am smarter than them and i will get the ticket dismissed. i have won more tickets in court that i have lost. why? because the cops are the3 idiots, they dont know wthe laws any more than we do. sure they some that see everyday etc. but they are not lawyers, they are donuts eating machines with guns.

the law is clear, "hours of operation must be posted and maintained". almost all carpool lanes have this. at least in california.

also, i dont have to fight some buried little clause, i only have to fight the cited vehicle code.
 
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Badfysh

Guest
i actually wont be bringing any pics. i have decided to do a video. it will be timed at the same time as the ticket, starting from where i got on to where i got stopped. and it will also have short version showing just the middle. very easy to do since i drive this route to/from work everyday.

the video will be to simply show there are NO signs at all "to advise motorists of the hours of operation"

as for this forum, i was just hoping that a lawyer might chime in and tell me what grounds i may have to ask for reduction in bail.

the ticket consists of 4 charges. three of which are correctable violation for a total (if corrected) on $10. the 4th, the HOV violation is $341. In california, to plead not guilty you must post bail. then when the court date comes around, if you win, they send it you within 90 days.

so what i was looking for was a legal means to ask for bail reduction until trial disposition or released on OR or something similar.


not a bunch of hill billy hicks to give me their rendition of the laws in GA.

thanks for all the great jokes though, i will just have to pull out the law books and do it myself as usual.
 
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jamsandwich

Well-known member
Aug 15, 2005
774
0
36
Chapel Hill, NC
Badfysh said:
not a bunch of hill billy hicks to give me their rendition of the laws in GA.


I was considering buying your knock off parts before, but now i can't. I refuse to support such an ungrateful bastard. beggars can't be choosers.

next time don't even ask for help.
 

Steve Rupp

Well-known member
Apr 21, 2004
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Seattle, WA
www.discoweb.org
Honestly, have you ever read this board or do you just post to hear yourself talk? What kind of response did you think you were going to get. If you think you were not at fault then you really are the only hill billy hick. You sound like a total meathead "bring a video to court". Go for it. I'd love to be in the court room for that one.
 
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sean

Well-known member
Sep 28, 2004
2,114
0
make sure you drive in the hov lane for the video,, do everything exactly the same. maybe you can get 4 more citations when you show up with proof you commited the same infractions a second time.
 

jcs2179

Well-known member
Jan 23, 2006
665
0
Illinois
"not a bunch of hill billy hicks to give me their rendition of the laws in GA."

badfish, badfish, badfish....ahhh young ladd....to be young and ignorant again.

What u asked for, my short-penis friend, was for ppl to agree with you. While everybody has their own opinions of the Police, what you got was most ppl's honest opinion:
you are an "idiot" for using the HOV lane in the first place....and you are a "moron" for mouthing off to the Officer.
Your latest comments just show you for what you really are: a spoiled little brat with Daddy's cash that thinks he's smarter than EVERYBODY else.

An attorney did chime in, and said you weren't gonna get any (worth while) advise here (or anywhere for that matter!), as their profession ethical code prohibits it...he might be a ...what did u call him? a "hill billy hick"?. Well.....Us "doughnut eating machines with guns" cops, are just out trying to make a living like everybody else.
No, we don't take cash on the side of the road (like somebody suggested, c'mon now:smilelol: ), and no, maybe we are not the sharpest kives in the drawer (like somebody else also suggested), but for the most part (and yes, there are plenty of asswipe cops out there, I probably work with one or two myself) we do watch over you and walk the neighborhood that most ppl -especifically you BADFISH- wouldbn't even drive through. Sometimes however, it's really ALL worth while when we get to nail a gentleman :yawn: like you.

Now, for the "hill billy hicks from Ga....", I'll let them tell you what they think. I'm sure Dan Chapman, Nomar, Jamsandwich, Rupp, Olivares, HO, Lee...etc...etc...they all appreciate your comments and are eager to help you on the trail next time they see you. Maybe jumping (avatar) your truck is not so much "your thing" as its to drive to the mall on the HOV lane...who knows....I say go to court, bring a video (make it real long if you can, judges always have extrra time to set up the audio-video equipment), tell him how you interpret the law, and throw it out there that the "donut eating machine w/ a gun" was an asswipe.
 

Kavic

Well-known member
Nov 2, 2004
1,216
0
Ashburn, VA
Badfysh said:
the ticket consists of 4 charges. three of which are correctable violation for a total (if corrected) on $10. the 4th, the HOV violation is $341.

Badfysh,

I'm not as smart as you, so just so I understand your above mistyped quote, does this mean three of the violations are several hundred each and will be reduced to just $10 if you fix them.
 

antichrist

Well-known member
Sep 7, 2004
8,208
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68
Atlanta, GA
Badfysh said:
additionaly, the guy who said "idiot", or "moron" or whatever, you are the moron because you are posting in a thread where it was only asked for a lawyers advice on how to present the evidence, not what evidence or some opinion on what the rule is in georgia. did you just get off the short bus?
:rofl: :rofl: You know, I think he might be talking about me. I really wasn't calling him an idiot. I was just pointing out you can't look in one section of code and expect to get all the laws governing that topic. And used 50 in a residential area as an example.
antichrist said:
There could very well be burried in some other section a code stating if there is no signage it's HOV all the time. Sorta like the drivers manuals that say if there is no posted speed limit, residential limits are 25mph. You can't do 50 and then argue in court there was no speed limit sign. Well, you could, but you'd be an idiot. LOL
But given his response and inability to figure that bit out, I now think it's safe to say....

badyfish, you're an idiot. :smilelol: And a pompous one at that.

I'm also guessing that you knew quite well what the law was, and you're just trying to prove yourself. Have at it. :rolleyes:
 
S

syoung

Guest
Badfysh said:
I cant wait to go to court on this one. the law is clearly stated and i have been unable to find ANYWHERE that says the hov lane is 24 hours..

Did you find anywhere that says it isn't? You're trying to prove the wrong thing.

Badfysh said:
i have won more tickets in court that i have lost. why? because the cops are the3 idiots, they dont know wthe laws any more than we do. sure they some that see everyday etc. but they are not lawyers, they are donuts eating machines with guns.

Spend a lot of time in court, do ya? You tough guy rebel...

Badfysh said:
also, i dont have to fight some buried little clause, i only have to fight the cited vehicle code.

Those little 'buried' parts of the code are just as much law as the ones you think you know.

:patriot: